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The Courts

You will need a skilled Boulder DUI lawyer.

The moment a law enforcement officer suspects a driver of being under the
influence of drugs or alcohol, the
DUI process and further investigation will begin. In most cases, when a driver
is suspected of
DUI, an
arrest will follow.

After being placed under arrest, the officer will typically request that
you submit to a
breathalyzer test or
blood test to determine your blood alcohol content (BAC). Even though the legal limit
is .08 percent, charges are frequently filed for .05 percent or higher,
based on other evidence of intoxication.

There are severe and devastating
DUI penalties that can be enforced, should you wind up being convicted such as:

Loss of your license, either for a period of time or permanently

Incarceration

Probation

Community service

Vehicle confiscation

Increased auto insurance rates

Court ordered alcohol/drug treatment or classes

Negative impact on your legal record which makes it extremely difficult
to get and keep a job and can limit housing options, as many landlords
and employers conduct background checks for applicants.

What happens after a DUI arrest?

After an arrest is made, you if your BAC was .08 or higher or you refused
to submit to chemical testing, you will need to address your
DMV hearing to try and avoid
license suspension. This is a civil hearing that is conducted by the Department of Motor
Vehicles (DMV) and you will only have 7 days following your arrest to
set up this hearing, otherwise your right will be revoked and your license
can be automatically suspended for at least 9 months.

Arraignment Hearing

The next step is your arraignment hearing to address the charges in criminal
court. This hearing is where you will be advised of your rights and you
will be asked to submit a plea to your charges. If you have legal representation,
your arraignment date is vacated and a pre-trial conference will typically
be set up 4 - 6 weeks out, giving both the attorney and client time to
build a defensive strategy.

Pre-trial Conference

At your pre-trial conference, your lawyer will have an opportunity to discuss
the details of your case with the district attorney that is prosecuting
your case. This also gives us a chance to enter a plea bargain or negotiate
a reduction of your charges, if it is in your best interest to do so.
This is where experienced representation can be extremely helpful. Intimate
knowledge of testing methods and devices as well as all procedures that
are used to charge you is highly beneficial in
DUI defense strategies.

Suspension Hearing and Suppressed Information

In cases where it is not in your best interest to accept the terms of an
offer that the district attorney lays out, we will set up a trial date
and a motion hearing, also sometimes referred to as a suppression hearing,
where the judge presiding over your case will give us an opportunity to
attempt to suppress some or even all of the evidence brought against you.

If it is proven that your constitutional rights were violated during a
traffic stop, at a
DUI checkpoint, or at any point during your arrest, the court may grant the motion to
suppress information that is intended to be used against you during trial.
This suppression by the court may lead to your case being dismissed.

Trial Before a Judge

When a case goes as far as a trial, a judge and jury will listen to testimony
and get a chance to review any evidence that is admissible. Both the prosecution
and your defense lawyers will get a chance to make a closing argument
and then the jury will have to make the decision as to whether the prosecutors
met their burden of proving beyond a reasonable doubt, that you are guilty
of the crimes for which you have been charged.

Besides being well-versed in DUI laws and procedures, your choice of attorneys
should be made knowing their track record in the courtroom. Litigation
experience is a must for any DUI attorney and your best interests will
be served by ensuring that your lawyer will not only provide you with
an effective defensive strategy, but also convey it properly in court,
while protecting your legal and constitutional rights.

Legal Representation from Lancaster Law Office, LLC

Once the trial is complete, if the jury finds you not guilty of the charges,
you will not face penalties. If you are found guilty though, you will
receive your sentencing from the judge. At Lancaster Law Office, LLC we
have defended a countless number of clients in their DUI legal matters
and we are prepared to provide you with the representation you need in
your case.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.